Allowed¶36

Murugreshwari v. Rajeshkanna

Madras HC3 Mar 2025TR CMP(MD)/65/2025

Case brief

AI extract

What is this about?

Tr.CMP.(MD)No.65 of 2025; C.M.P.(MD)No.1793 of 2025; Madras High Court Madurai Bench; Justice P. Vadamalai; transfer petition; Section 24 Code of Civil Procedure; H.M.O.P.No.70 of 2023; Family Court Udhagamandalam to Sub Court Uthamapalayam; wife's convenience in matrimonial transfer; divorce proceeding transfer; Murugeshwari v Rajeshkanna; petition allowed 03.03.2025; no costs.

What did the court decide?

Transfer of H.M.O.P.No.70 of 2023 from the Family Court, Udhagamandalam to the Sub Court, Uthamapalayam allowed; Family Court to transmit records within three weeks; no costs; connected C.M.P.(MD)No.1793 of 2025 closed. ¶36

Murugreshwari Vs Rajeshkanna — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceeding in H.M.O.P.No.70 of 2023 should be transferred from the Family Court, Udhagamandalam to the Sub Court, Uthamapalayam having regard to the convenience of the petitioner/wife.

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Court's answer

In matrimonial transfer petitions, the convenience of the wife should be predominantly looked into and the wife's convenience shall be given preference.

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Ratio / Principle

Considering the overall facts and circumstances of the case, and the convenience of the wife, the Court allowed the transfer petition.

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Key takeaways

The learned Judge, Family Court, Udhagamandalam is directed to transmit the entire records pertaining to H.M.O.P.No.70 of 2023 to the file of the Sub Court, Uthamapalayam within three weeks from receipt of a copy of the order.ratio¶31
On receipt of the transmitted records, the learned Judge, Sub Court, Uthamapalayam is directed to take the case on file and dispose of it as expeditiously as possible in accordance with law.ratio¶35

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 of the Code of Civil Procedure filed by the wife (Murugeshwari) allowed: the divorce proceeding H.M.O.P.No.70 of 2023 initiated by the husband (Rajeshkanna) before the Family Court, Udhagamandalam is transferred to the Sub Court, Uthamapalayam. The Court held that in matrimonial transfer petitions the convenience of the wife should be predominantly looked into and given preference; the petitioner-wife resides at Uthamapalayam Taluk, Theni District with her two children and the pleaded ground was the difficulty of travelling around 600 Kms for every hearing. The respondent raised no objection. The Family Court, Udhagamandalam was directed to transmit the entire records within three weeks, and the Sub Court, Uthamapalayam to take the case on file and dispose of it expeditiously. No costs; connected C.M.P.(MD)No.1793 of 2025 closed. Single-judge order of P. Vadamalai, J., dated 03.03.2025.

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Tr.CMP.(MD)No.65 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.03.2025

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CORAM

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THE HON'BLE MR JUSTICE P. VADAMALAI

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Tr.CMP.(MD)No.65 of 2025 and C.M.P.(MD)No.1793 of 2025

Murugeshwari

.. Petitioner

Vs.

Rajeshkanna

.. Respondent

Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in H.M.O.P. No.70 of 2023 on the file of the Family Court, Udhagamandalam and transfer the same to the file of the Sub Court, Uthamapalayam.

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For Petitioner : Mr.A.R.Kannappan

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For Respondent : Ms.Rithika

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed to

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withdraw the proceeding in H.M.O.P.No.70 of 2023 on the file of the Family Court, Udhagamandalam and transfer the same to the file of the Sub Court, Uthamapalayam.

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Page No 1 of 5 https://www.mhc.tn.gov.in/judis

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Tr.CMP.(MD)No.65 of 2025

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The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 21.05.2003 at ARN Mandapam, Vatlakundu, Dindigul District as per the Hindu Rites and Customs. Out of wedlock, two female children, namely Yuvambika and Yazhini, were born on 28.03.2008 and 13.10.2010 respectively.

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Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding in H.M.O.P.No.70 of 2023 on the file of the Family Court, Udhagamandalam seeking divorce.

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Heard the learned counsel for the petitioner and the learned counsel for the respondent.

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The learned counsel for the petitioner would submit that the petitioner/wife is now residing with her children at Uthamapalayam Taluk, Theni District under the care of her mother. The distance between Uthamapalayam and Udhagamandalam is around 600 Kms to and fro, and the petitioner/wife, being a lady, finds it very difficult to travel such a long distance for attending every Court hearing along with two children. Hence,

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Page No 2 of 5

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https://www.mhc.tn.gov.in/judis

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Tr.CMP.(MD)No.65 of 2025

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she seeks transfer of proceeding in H.M.O.P.No.70 of 2023 from the file of the Family Court, Udhagamandalam to the file of the Sub Court, Uthamapalayam.

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The learned counsel for the respondent would submit that the respondent/husband has no objection to allow this petition.

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It is well settled proposition of law that whenever the transfer petition is filed in matrimonial disputes, the convenience of the wife should be predominantly looked into, and the wife’s convenience shall be given preference.

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Considering the overall facts and circumstances of the case, and also considering the convenience of the wife, this Court is inclined to allow this petition.

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The learned Judge, Family Court, Udhagamandalam is directed to transmit the entire records pertaining to the case, in H.M.O.P.No.70 of 2023, to the file of the Sub Court, Uthamapalayam within a period of three weeks from the date of receipt of a copy of this order, and on receipt of such

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Page No 3 of 5

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https://www.mhc.tn.gov.in/judis

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Tr.CMP.(MD)No.65 of 2025

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records, the learned Judge, Sub Court, Uthamapalayam is directed to take the case on file and dispose of the same as expeditiously as possible in accordance with law.

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